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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Baban Dadusrao Pakhare – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
ABHAY S. WAGHWASE, J.
1. As a result of conviction recorded by learned Additional Sessions Judge, Jalna on 14.06.2016 for the offence punishable under Section 302 of the Indian Penal Code [IPC] in Sessions Case No. 62 of 2015, the appellant-convict has preferred the instant appeal.
2. Crime was registered on the basis of dying declaration given by Meerabai on 25.12.2014, wherein she has alleged that she was married to appellant husband 10 years back. That, on 25.12.2014 she requested appellant husband to help her in cooking meals. Getting enraged by the same, appellant allegedly poured kerosene from a bottle and ignited her. In the backdrop of her said dying declaration, crime was registered by PW6 PSI Dnyaneshwar Sanap. While undergoing treatment, Meerabai succumbed to 63% burns. Appellant was arrested, investigation was carried out by PW11 PSI Sunil Gopinwar and on finding sufficient material, he was chargesheeted and made to face trial before learned Additional Sessions Judge, who on framing charge, recording evidence, appreciating the oral and documentary evidence and on hearing both sides, reached to a finding that accused is responsible for the homicidal burns and the
Dying declarations can serve as the sole basis for conviction if they are consistent and credible; however, inconsistencies and lack of corroborative evidence can lead to reasonable doubt and acquitt....
The reliability and evidentiary value of dying declarations, and the application of settled legal principles in determining their credibility.
Dying declarations can be the sole basis for conviction if found to be voluntary and credible, regardless of minor inconsistencies.
Dying declarations may serve as the sole basis for conviction if deemed voluntary, consistent, and credible; inconsistencies must be assessed in light of surrounding facts.
In case, there are multiple dying declarations and there are inconsistencies between them, generally, the dying declaration recorded by the higher officer like a Magistrate can be relied upon, provid....
Dying declaration – In cases where Court finds that there exist more than one dying declarations, each one of them must be examined with care and caution and only after satisfying itself as to which ....
Dying declarations can serve as the sole basis for conviction if deemed credible and voluntary, without requiring corroboration.
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